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Tanzania decisions
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The High Court allowed an appeal over estate administration, set aside the District Court’s extension of time, and upheld revocation of an administratrix.
The appeal is dismissed as most grounds were not raised before the first appellate court and do not constitute pure points of law. The trial court's order referring distribution to BAKWATA was improper, and the duty to distribute the estate lies with the administratrix. The 1st respondent is ordered to properly file Forms No. V and VI within 45 days.
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Respondents failed to file inventory and statement of accounts within statutory period and without seeking extension, constituting clear violation of statutory duties and court orders, warranting revocation of their appointment as administrators.
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The High Court dismissed an estate appeal, holding that the respondent had locus standi as administrator and that the primary court had jurisdiction.
The administrators, Megamba Makongoro and Adam Makongoro, were improperly appointed through fabricated minutes and failed to comply with mandatory procedural requirements, including timely filing of inventory and accounts. Their lack of faithfulness and misappropriation of estate assets disqualified them from administration. The primary court's appointment and subsequent proceedings were fundamentally flawed, warranting revocation and criminal investigation.
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The High Court dismissed an application to revoke letters of administration, finding no proved breach of duty and treating the inventory delay as non-fatal.
Failure to file inventory for nine years and misapplication of estate proceeds disqualifies the administrator from continuing; revocation is warranted and extension of time is not appropriate in these circumstances.
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The High Court revoked letters of administration for failure to file inventory and concerns over misapplication of estate proceeds, and appointed new joint administrators.
Failure to file inventory for nine years and misappropriation of estate proceeds disqualifies Daudi Mahende Kichonge from continuing as administrator; revocation is warranted.
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